1030 Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices 

cannot guarantee their availability. The 

meeting site is accessible to individuals 

with disabilities. 

Date and Time 

Open sessions—January 25, 2007, 

from 8:30 a.m. to 6 p.m.; and January 26, 

2007, from 8:30 a.m. to 10 a.m. 

Closed session—January 26, 2007, 

from 10 a.m. to 1 p.m. 

ADDRESSES: The Jefferson Hotel, 1200 

16th Street, NW., Washington, DC 

20036. 

FOR FURTHER INFORMATION CONTACT: 

Shelly Coles, National Institute for 

Literacy, 1775 I Street, NW., Suite 730, 

Washington, DC 20006; telephone 

number: (202) 233–2044; e-mail: 

scoles@nifl.gov. 

SUPPLEMENTARY INFORMATION: The Board 

is established under section 242 of the 

Workforce Investment Act of 1998, 

Pub.L. 105–220 (20 U.S.C. 9252). The 

Board consists of ten individuals 

appointed by the President with the 

advice and consent of the Senate. The 

Board advises and makes 

recommendations to the Interagency 

Group that administers the Institute. 

The Interagency Group is composed of 

the Secretaries of Education, Labor, and 

Health and Human Services. The 

Interagency Group considers the Board’s 

recommendations in planning the goals 

of the Institute and in implementing any 

programs to achieve those goals. 

Specifically, the Board performs the 

following functions: (a) Makes 

recommendations concerning the 

appointment of the Director and the 

staff of the Institute; (b) provides 

independent advice on operation of the 

Institute; and (c) receives reports from 

the Interagency Group and the 

Institute’s Director. 

The National Institute for Literacy 

Advisory Board will meet January 25–

26, 2007. On January 25, 2007 from 8:30 

a.m. to 6 p.m.; and January 26, 2007 

from 8:30 a.m. to 10 a.m., the Board will 

meet in open session to discuss the 

Institute’s future and current program 

priorities; status of on-going Institute 

work; other relevant literacy activities 

and issues; and other Board business as 

necessary. 

On January 26, 2007 from 10 a.m. to 

1 p.m., the Board meeting will meet in 

closed session in order to discuss 

personnel issues. This discussion relates 

to the internal personnel rules and 

practices of the Institute, including 

consideration of the Director’s 

performance. The discussion is likely to 

disclose information of personal nature 

where disclosure would constitute a 

clearly unwarranted invasion of 

personnel privacy. The discussion must 

therefore be held in closed session 

under exemptions 2 and 6 of the 

Government in the Sunshine Act, 5 

U.S.C. 552b(c)(2) and (6). A summary of 

the activities at the closed session and 

related matters that are informative to 

the public and consistent with the 

policy of 5 U.S.C. 552b will be available 

to the public within 14 days of the 

meeting. 

The National Institute for Literacy 

Advisory Board meeting on January 25–

26, 2007, will focus on future and 

current program activities, and other 

relevant literacy activities and issues. 

Records are kept of all Advisory 

Board proceedings and are available for 

public inspection at the National 

Institute for Literacy, 1775 I Street, NW., 

Suite 730, Washington, DC 20006, from 

8:30 a.m. to 5 p.m. 

Dated: January 3, 2007. 

Sandra L. Baxter, 

Director. 

[FR Doc. E7–66 Filed 1–8–07; 8:45 am] 

BILLING CODE 6055–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos.: 50–263, 50–255; 50–266; 50–

301, 50–282, 50–306 License Nos.; DPR–

22, DPR–20 DPR–24; DPR–27, DPR–42, 

DPR–60; EA–06–178] 

In the Matter of Nuclear Management 

Company, Monticello Nuclear 

Generating Plant, Palisades Nuclear 

Power Plant, Point Beach Nuclear 

Plant Units 1 & 2, Prairie Island Nuclear 

Generating Plant Units 1 & 2; 

Confirmatory Order Modifying License 

(Effective Immediately) 

I 

Nuclear Management Company, LLC 

(NMC or Licensee) is the holder of 

Facility Operating License Nos. DPR–20, 

DPR–42, and DPR–60 and renewed 

Facility Operating License Nos. DPR–22, 

DPR–24, and DPR–27 issued by the U.S. 

Nuclear Regulatory Commission (NRC 

or Commission) pursuant to 10 CFR Part 

50 on, February 21, 1991, April 5, 1974, 

October 29, 1974, November 8, 2006, 

December 22, 2005, and December 22, 

2005, respectively. The licenses 

authorize the operation of Monticello 

Nuclear Generating Plant, Palisades 

Nuclear Power Plant, Point Beach 

Nuclear Plant (PBNP), and Prairie Island 

Nuclear Generating Plant in accordance 

with conditions specified therein. The 

facilities are located on the Licensee’s 

sites in Monticello, Minnesota; South 

Haven, Michigan; Two Rivers, 

Wisconsin; and Red Wing, Minnesota. 

II 

On March 18, 2005, the NRC’s Office 

of Investigations (OI) began an 

investigation to determine whether a 

senior reactor operator (SRO) at the 

PBNP was the subject of employment 

discrimination in violation of 10 CFR 

50.7, ‘‘Employee protection.’’ In OI 

Report No. 3–2005–010, OI concluded 

that an SRO was discriminated against 

by PBNP management, in part, for 

raising safety concerns using the 

Licensees’ corrective action program 

(CAP). By letter dated August 22, 2006, 

the NRC identified to the Licensee an 

apparent violation of 10 CFR 50.7, and 

offered NMC the opportunity to provide 

a written response, attend a 

predecisional enforcement conference, 

or to request alternative dispute 

resolution (ADR) in which a neutral 

mediator with no decision-making 

authority would facilitate discussions 

between the NRC and NMC and, if 

possible, assist the NRC and NMC in 

reaching an agreement. NMC chose to 

participate in ADR. On October 31, 

2006, the NRC and NMC met in Green 

Bay, Wisconsin, in an ADR session 

mediated by a professional mediator, 

arranged through Cornell University’s 

Institute on Conflict Resolution. 

III 

This Confirmatory Order is issued 

pursuant to the agreement reached 

during the ADR process. 

Specifically, NMC agreed to the 

following: 

1. By no later than nine (9) months 

after the issuance of this Confirmatory 

Order, NMC agrees to review, revise, 

and communicate to NMC employees 

and managers its policy relating to the 

writing of corrective action program 

(CAP) reports, and provide training to 

NMC employees and managers to clarify 

management’s expectation regarding the 

use of the program with the goal to 

ensure employees are not discouraged, 

or otherwise retaliated or perceived to 

be retaliated against, for using the CAP. 

2. By no later than June 30, 2007, 

NMC agrees to communicate its safety 

culture policy (including safety 

conscious work environment (SCWE)) to 

NMC employees, providing employees 

with the opportunity to ask questions in 

a live forum. 

3. By no later than nine (9) months 

after the issuance of this Confirmatory 

Order, NMC agrees to train its 

employees holding supervisory 

positions and higher who have not had 

formal training on SCWE principles 

within the previous two years of the 

Confirmatory Order. NMC agrees to use 


ycherry on PROD1PC63 with NOTICES
Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices 1031 

a qualified training instructor (internal 

or external) for such training. 

NMC shall review and enhance, if 

necessary, its refresher SCWE training 

consistent with NMC’s refresher training 

program and provide such refresher 

training to its employees. New 

employees holding supervisory 

positions and higher shall be trained on 

SCWE principles within nine (9) 

months of their hire dates unless within 

the previous two years of their hire 

dates, they’ve had the same or 

equivalent SCWE training. 

4. By no later than March 30, 2007, 

NMC agrees: To develop action plans to 

address significant issues identified as 

needing management attention in the 

NMC 2004 and 2006 Comprehensive 

Cultural Assessments at PBNP; to 

conduct focus group interviews with 

Priority 1 & 2 organizations to 

understand the cause of the survey 

results; and to review and, as 

appropriate, reflect nuclear industry 

best practices in its conduct of focus 

groups and action plans to address the 

issues at PBNP. 

NMC has agreed that this 

Confirmatory Order shall include the 

commitments noted above, and NRC has 

agreed it will not pursue any further 

enforcement action for this issue and 

will not count this matter as previous 

enforcement for the purposes of 

assessing potential future enforcement 

action civil penalty assessments in 

accordance with Section VI.C of the 

Enforcement Policy. 

On December 20, 2006, NMC 

consented to the NRC issuing this 

Confirmatory Order with the 

commitments, as described in Section 

IV, below. NMC further agreed in its 

December 20, 2006, letter that this 

Confirmatory Order is to be effective 

upon issuance and that it has waived its 

right to a hearing. The NRC has 

concluded that its concerns can be 

resolved through issuance of this Order. 

I find that the Licensee’s 

commitments as set forth in Section IV 

are acceptable and necessary and 

conclude that with these commitments 

the public health and safety are 

reasonably assured. In view of the 

foregoing, I have determined that the 

public health and safety require that the 

Licensee’s commitments be confirmed 

by this Confirmatory Order. Based on 

the above and the Licensee’s consent, 

this Confirmatory Order is immediately 

effective upon issuance. NMC is 

required to provide the NRC with a 

letter summarizing its actions when all 

of the Section IV requirements have 

been completed. 

IV 

Accordingly, pursuant to Sections 

103, 161b, 161i, 161o, 182, and 186 of 

the Atomic Energy Act of 1954, as 

amended, and the Commission’s 

regulations in 10 CFR 2.202 and 10 CFR 

Part 50, it is hereby ordered, effective 

immediately, that license nos. DPR–22, 

DPR–20, DPR–24, DPR–27, DPR–42, and 

DPR–60 are modified as follows: 

1. By no later than nine (9) months 

after the issuance of this Confirmatory 

Order, NMC shall review, revise, and 

communicate to NMC employees and 

managers its policy relating to the 

writing of corrective action program 

(CAP) reports, and provide training to 

NMC employees and managers to clarify 

management’s expectation regarding the 

use of the program with the goal to 

ensure employees are not discouraged, 

retaliated against, or perceived to be 

retaliated against, for using the CAP. 

2. By no later than June 30, 2007, 

NMC shall communicate its safety 

culture policy (including safety 

conscious work environment (SCWE)) to 

NMC employees, providing employees 

with the opportunity to ask questions in 

a live forum. 

3. By no later than nine (9) months 

after the issuance of this Confirmatory 

Order, NMC shall train its employees 

holding supervisory positions and 

higher who have not had formal training 

on SCWE principles within the previous 

two years of the confirmatory order. 

NMC agrees to use a qualified training 

instructor (internal or external) for such 

training. 

NMC shall review and enhance, if 

necessary, its refresher SCWE training 

consistent with NMC’s refresher training 

program and provide such refresher 

training to its employees. New 

employees holding supervisory 

positions and higher shall be trained on 

SCWE principles within nine (9) 

months of their hire dates unless within 

the previous two years of their hire 

dates, they’ve had the same or 

equivalent SCWE training. 

4. By no later than March 30, 2007, 

NMC shall develop action plans to 

address significant issues identified as 

needing management attention in the 

NMC 2004 and 2006 Comprehensive 

Cultural Assessments at PBNP; to 

conduct focus group interviews with 

Priority 1 & 2 organizations to 

understand the cause of the survey 

results; and to review and, as 

appropriate, reflect nuclear industry 

best practices in its conduct of focus 

groups and action plans to address the 

issues at PBNP. 

As part of the development of the 

action plans, NMC shall also assess and 

address any legacy issues identified in 

prior safety culture assessments (i.e. 

CAP report AR00510074 and Synergy 

Safety Culture Assessment) that impact 

the safety culture at PBNP. 

The executive summary, analysis, 

and contemplated action plans shall 

also be submitted to the NRC. 

5. By no later than December 31, 

2008, NMC shall perform another 

survey at PBNP comparable to the 2004 

and 2006 surveys to assess trends of the 

safety culture at the site and the overall 

effectiveness of corrective actions taken 

in response to prior year assessments 

(i.e. CAP report AR00510074 and 2006 

Synergy survey). 

6. By no later than 3 months after the 

receipt of the next cultural survey 

results at PBNP, NMC shall submit the 

executive summary, analysis of the 

results, and the contemplated corrective 

actions to the NRC. 

7. NMC shall continue to implement 

a process which ensures that adverse 

employment actions are in compliance 

with NRC employee protection 

regulations and principles of SCWE. 

.8. In the event of the transfer of the 

operating license of any NMC operated 

facility to another entity, the 

commitments shall survive for the NMC 

fleet generally and PBNP specifically. 

9. Any reference to NMC employees 

includes all NMC employees fleet wide. 

The Director, Office of Enforcement, 

may relax or rescind, in writing, any of 

the above conditions upon a showing by 

the Licensee of good cause. 

V 

Any person adversely affected by this 

Confirmatory Order, other than the 

Licensee, may request a hearing within 

20 days of its issuance. Where good 

cause is shown, consideration will be 

given to extending the time to request a 

hearing. A request for extension of time 

must be made in writing to the Director, 

Office of Enforcement, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, and include a statement of 

good cause for the extension. Any 

request for a hearing shall be submitted 

to the Secretary, U.S. Nuclear 

Regulatory Commission, ATTN: 

Rulemakings and Adjudications Staff, 

Washington, DC 20555. Copies also 

shall be sent to the Director, Office of 

Enforcement, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, to 

the Assistant General Counsel for 

Materials Litigation and Enforcement at 

the same address, to the Regional 

Administrator, NRC Region III, 2443 

Warrenville Road, Suite 210, Lisle, IL 

60532–4352, and to the Licensee. 

Because of potential disruptions in 

delivery of mail to United States 


ycherry on PROD1PC63 with NOTICES
1032 Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Notices 

Government offices, it is requested that 

requests for hearing be transmitted to 

the Secretary of the Commission either 

by means of facsimile transmission to 

301–415–1101 or by e-mail to 

hearingdocket@nrc.gov and also to the 

Office of the General Counsel either by 

means of facsimile transmission to 301–

415–3725 or by e-mail to 

OGCMailCenter@nrc.gov. If a person 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his interest is adversely affected 

by this Order and shall address the 

criteria set forth in 10 CFR 2.309(d) and 

(f). 

If the hearing is requested by a person 

whose interest is adversely affected, the 

Commission will issue an Order 

designating the time and place of any 

hearing. If a hearing is held, the issue to 

be considered at such hearing shall be 

whether this Confirmatory Order should 

be sustained. In the absence of any 

request for hearing, or written approval 

of an extension of time in which to 

request a hearing, the provisions 

specified in Section IV shall be final 20 

days from the date of this Order without 

further order or proceedings. If an 

extension of times for requesting a 

hearing has been approved, the 

provisions specified in Section IV shall 

be final when the extension expires if a 

hearing request has not been received. A 

request for hearing shall not stay the 

immediate effectiveness of this order. 

Dated this 3rd day of January, 2007. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director Office of Enforcement. 

[FR Doc. E7–74 Filed 1–8–07; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–2377, License No. Stb–472 

(Terminated) 

Kaiser Aluminum & Chemical 

Corporation; Notice of Completion of 

Decommissioning of Kaiser Aluminum 

& Chemical Corporation Site, Tulsa, 

OK 

ACTION: Notice of Completion of 

Decommissioning of the Kaiser 

Aluminum & Chemical Corporation 

(Kaiser) Tulsa Site. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is noticing the 

completion of decommissioning 

activities at the Kaiser Tulsa Site located 

in Tulsa, Oklahoma. 

Background 

The Kaiser plant in Tulsa, Oklahoma, 

was built by the Standard Magnesium 

Corporation (SMC) in the early to mid1950s to manufacture magnesium 

products. SMC received a source 

materials license from the Atomic 

Energy Commission (AEC) in March 

1958, authorizing possession and title to 

magnesium-thorium alloy with up to 4 

percent thorium content for processing. 

Scrap magnesium-thorium alloy was 

smelted along with other magnesium 

materials to recover the magnesium. 

Thorium alloy material comprised a 

small fraction of the total magnesium 

refined on site. Kaiser purchased the 

facility in 1964. Kaiser’s license was 

terminated in 1971, by the AEC at 

Kaiser’s request. 

The Kaiser facility was placed on the 

Site Decommissioning Management 

Plan (SDMP) list in 1994, after the NRC 

detected surface contamination on, and 

adjacent to, the Kaiser property in 1993. 

Kaiser elected to remediate the site in 

two phases. 

In Phase 1, Kaiser remediated the land 

adjacent to the Kaiser property. In Phase 

2, Kaiser remediated the Kaiser property 

itself. 

Kaiser conducted off-site remediation 

activities from October 2000, through 

May 2001. Remediation activities 

primarily involved excavating affected 

soil and moving it onto Kaiser’s 

property. A final status survey (FSS) 

was performed following completion of 

remediation/excavation in each survey 

unit to demonstrate that postremediation radiological conditions 

satisfied the SDMP Action Plan criteria 

for unrestricted release as specified in 

the Phase 1 Decommissioning Plan (DP). 

Following successful remediation, 

excavations were backfilled. In March 

2002, NRC informed Kaiser that the 

adjacent land areas met NRC’s criteria 

for unrestricted release. 

Kaiser submitted the Phase 2 DP on 

May 25, 2001, [with revisions on May 

31, 2003, October 6, 2003, May 5, 2005, 

September 8, 2005 and March 21, 2006] 

and DP Addendum on May 9, 2002, 

with a revision on May 31, 2003. NRC 

approved these documents on June 8, 

2003, January 7, 2004, June 22, 2005, 

and October 3, 2005. 

Although Kaiser is not a licensee, it 

agreed to perform remediation activities 

in accordance with 10 CFR Part 40. 

Kaiser conducted decommissioning 

activities at the site in accordance with 

its approved DP from June 2003 to June 

2006. In accordance with the DP, Kaiser 

conducted FSSs to demonstrate that the 

facility and site meet the criteria for 

unrestricted release as defined it its DP. 

Details of the FSS results were 

submitted to the NRC in six separate 

FSS reports (FSSRs). On September 14, 

2006, Kaiser notified NRC that it had 

completed decommissioning and FSSs 

of the Tulsa, Oklahoma site, and that the 

FSSs demonstrate that the site meets the 

criteria for decommissioning and release 

for unrestricted use. 

NRC conducted a number of 

independent confirmatory surveys to 

verify FSS results obtained by Kaiser. 

Confirmatory surveys consisted of 

surface scans for beta and gamma 

radiation, direct measurements for total 

beta activity, collection and analysis of 

soil samples for thorium, and collection 

of smear samples for determining 

removable radioactivity levels. 

The Commission has concluded, 

based on the considerations discussed 

above, that: (1) Radioactive material 

above release limits has been properly 

disposed; (2) reasonable effort has been 

made to eliminate residual radioactive 

contamination; (3) submitted FSSRs and 

associated documentation, demonstrate 

that the facility and site are suitable for 

release in accordance with the criteria 

for decommissioning in 10 CFR Part 20, 

Subpart E; and (4) records required by 

10 CFR 40.61(d) and (f) have been 

received. Therefore, the Kaiser Tulsa 

Site is suitable for unrestricted release. 

FOR FURTHER INFORMATION CONTACT: See 

the letter dated September 14, 2006, and 

the Safety Evaluation Report dated 

December 29, 2006, available for public 

inspection at the Commission’s Public 

Document Room (PDR), located at One 

White Flint North, Public File Area O1 

F21, 11555 Rockville Pike (first floor), 

Rockville, Maryland. Publicly available 

records will be accessible electronically 

from the Agency-wide Documents 

Access and Management System’s 

(ADAMS) Public Electronic Reading 

Room on the Internet at the NRC Web 

site, http://www.nrc.gov/reading-rm/ 

adams.html (ADAMS Accession Nos. 

ML062700322, and ML062360251). 

Persons who do not have access to 

ADAMS or who encounter problems in 

accessing the documents located in 

ADAMS, should contact the NRC PDR 

Reference staff by telephone at 1–800–

397–4209, 301–415–4737 or by e-mail to 

pdr@nrc.gov. 

Dated at Rockville, Maryland, this 29th day 

of December, 2006. 


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